Bradford Edwards LLP’s antitrust work in Division I (“D1”) college sports continues in the latest antitrust case to reach the Ninth Circuit. The firm’s work is featured in a recent article “March Madness or Just Plain Madness? Updates on Recent Name, Image & Likeness Litigation,” written by attorney Christal Joy Porter for Citations, the official magazine of the Ventura County, …
Cross-Border Enforcement Doctrine
Fox Corp. v. Media Deportes Mexico | Smart Study Co. v. Shenzhenshixindajixieyouxiangongsi The key question in cross-border litigation is not how quickly a U.S. court can act, but whether the relief obtained will survive enforcement review years later in a foreign court. A recent decision from the Southern District of New York in Fox Corp. v. Media Deportes Mexico, read …
Financial Distress Without Insolvency: Fourth Circuit Clarifies § 524(g) Standards
Herlihy v. DBMP LLC, No. 24-2109 (4th Cir. 2026) The Fourth Circuit confirmed that balance-sheet solvency does not disqualify a company from invoking § 524(g) and that early-stage dismissal requires proof of both subjective bad faith and objective futility. In Herlihy v. DBMP LLC, the court rejected an early-stage effort to lift the automatic stay and imposed a disciplined evidentiary standard …
When AI Becomes a Witness: Privilege, Work Product, and Prompt Histories
A federal court has now made clear that using a public-facing large language model (“LLM”) to assess legal risk can create discoverable evidence. In a criminal securities and wire fraud prosecution in the Southern District of New York, Judge Jed S. Rakoff held that documents a defendant generated through Anthropic’s Claude Large Language Model were not protected by the attorney …
Bradford Edwards LLP Chamber Ranked In New York State for Antitrust and Government Investigations
For Immediate Release: Chambers and Partners has again ranked Bradford Edwards LLP in its Spotlight Guide for NewYork State. Bradford Edwards was recognized for dispute resolution in 2024. In 2025 Chambers recognized the firm’s government investigations practice for its expertise, talent and experience serving a range of clients. This year Chambers has again cited the firm’s government investigations practice and …
Ninth Circuit Affirms SEC’s Expansive Disgorgement Powers – Key Implications for Businesses and Executives
In a significant ruling, the SEC v. Sripetch upheld a $2.25 million disgorgement award plus interest, holding that the SEC need not prove that investors suffered actual financial losses before reclaiming a defendant’s profits. The Commission had charged Sripetch and others with manipulating penny stock schemes, and while the defendant argued that disgorgement requires evidence of investor “pecuniary harm,” the …
SEC Enforcement Surge: Fraudulent Offerings, Ponzi-Like Schemes, and Insider Misuse of Confidential Information
The SEC is executing a coordinated enforcement strategy designed to deter fraud at scale. Its latest cases reveal a clear pattern: fraudulent offerings promising outsized returns, Ponzi-like structures disguised as legitimate enterprises, and insider misuse of confidential information. The message for boards and executives is unmistakable — weak governance and opaque compliance controls are not lapses, they are enforcement triggers. …
Ninth Circuit Expands SEC’s Reach in Life Settlement Case—Market Participants Beware
In SEC v. Barry (9th Cir. 2025), the Ninth Circuit delivered a decisive ruling that reinforces the SEC’s expansive use of the Howey test to define securities. The case involved Pacific West Capital Group’s sale of fractional interests in life settlements—arrangements where investors purchased shares in life insurance policies and relied on the company to pay premiums and manage reserves …
The SEC Doubles Down: Classic Insider Trading Enforcement Takes Center Stage
The SEC, under the leadership of Chair Paul Atkins, has made good on its pledge to return to the agency’s core mission of market integrity. In recent weeks, the Commission—sometimes in coordination with the DOJ and FBI—has announced a series of insider trading cases that read like a throwback to classic enforcement playbooks. For companies, boards, and compliance officers, these …
NCAA NIL Settlement Application Deadline Challenged
Bradford Edwards LLP recently worked to publicize the now passed registration deadline (January 31, 2025) for DI men’s basketball and football athletes who played between 2016 and 2024 to claim a portion of the roughly $2.8 billion dollar proposed settlements negotiated with the NCAA over antitrust claims, including name, image and likeness, or NIL. The case is now pending in …
